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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File Number: EB-05-NY-290
Shawn Deroux ) NAL/Acct. No: 200632380008
Bronx, NY ) FRN: 0014159255
)
)
ORDER
Adopted: November 2, 2006 Released: November 6, 2006
By the Regional Director, Northeast Region, Enforcement Bureau:
1. In this Order, we reconsider on our motion, pursuant to Section 1.108
of the Commission's Rules, the Forfeiture Order issued in the
above-captioned proceeding. Specifically, we amend the Forfeiture
Order to affirm the full seventeen thousand dollar ($17,000)
forfeiture amount proposed in the underlying Notice of Apparent
Liability for Forfeiture ("NAL").
2. On October 13, 2006, the Enforcement Bureau issued a Forfeiture Order
in the amount of ten thousand dollars ($10,000) to Shawn Deroux
("Deroux") for willfully and repeatedly violating Section 301 of the
Communications Act of 1934, as amended ("Act"), by operating an
unlicensed radio transmitter on the frequency 87.9 MHz in Bronx, NY.
The Forfeiture Order inadvertently failed to address the seven
thousand dollar ($7,000) forfeiture amount proposed in the NAL for
Deroux's willful and repeated failure to permit a station inspection
in violation of Section 303(n) of the Act. The Forfeiture Order was
intended to affirm the full $17,000 forfeiture amount proposed in the
NAL based on Deroux's failure to respond to the NAL released on August
8, 2006. We find, based on the information before us, that Deroux
willfully and repeatedly violated Sections 301 and 303(n) of the Act
and the full $17,000 forfeiture amount proposed in the NAL should be
affirmed.
3. Accordingly, IT IS ORDERED that, pursuant to the authority contained
in Section 1.108 of the Commission's rules, 47 C.F.R. S 1.108, we
hereby reconsider and amend, on our own motion, the October 13, 2006,
Forfeiture Order, as explained herein.
4. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), and Sections 0.111,
0.311, and 1.80(f)(4) of the Commission's Rules, Shawn Deroux IS
LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for
willfully and repeatedly violating Sections 301 and 303(n) of the Act.
5. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) days of the release of
this Order. If the forfeiture is not paid within the period specified,
the case may be referred to the Department of Justice for collection
pursuant to Section 504(a) of the Act. Payment of the forfeiture must
be made by check or similar instrument, payable to the order of the
Federal Communications Commission. The payment must include the
NAL/Acct. No. and FRN No. referenced above. Payment by check or money
order may be mailed to Federal Communications Commission, P.O. Box
358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be
sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
Number 043000261, receiving bank Mellon Bank, and account number
911-6106. Requests for full payment under an installment plan should
be sent to: Associate Managing Director, Financial Operations, 1A625,
445 12th Street, S.W., Washington, D.C. 20554.
6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to Shawn Deroux
at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Russell Monie, Jr.
Regional Director, Northeast Region
Enforcement Bureau
47 C.F.R. S 1.108 provides that the Commission may, on its own motion, set
aside any action made or taken within 30 days from the date of public
notice of such action, as that date is defined in section 1.4 of the
Commission's rules.
Shawn Deroux, DA 06-2018, 2006 WL 2934354 (rel. Oct. 13, 2006).
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200632380008
(Enf. Bur., New York Office, released August 8, 2006).
47 U.S.C. S 503(b).
47 C.F.R. SS 0.111, 0.311, 1.80(f)(4).
47 U.S.C. S 504(a).
See 47 C.F.R. S 1.1914.
Federal Communications Commission DA 06-2273
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Federal Communications Commission DA 06-2273